DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

C.C. Formwork Pty Ltd
(AG2020/3371)

C.C. FORMWORK PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 24 DECEMBER 2020

Application for approval of the C.C. Formwork Pty Ltd Enterprise Agreement 2020.

[1] C.C. Formwork Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the C.C. Formwork Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representative regarding the undertakings. The Employer provided written correspondence from the bargaining representative noting that he agrees with the undertakings made by the Employer.

[3] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2020. The nominal expiry date of the Agreement is three years from the date of operation in accordance with clause 4 of the Agreement, being 31 December 2023.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

C.C. Formwork Pty Ltd applied to the Fair Work Commission for the approval of the C.C. Formwork Pty Ltd Enterprise Agreement 2020. The application was made under section 234 of the Fair Work Act 2009. The dispute arose from negotiations between the applicant and the employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The primary issues were the terms and conditions of employment, including wages, hours of work, leave entitlements, and dispute resolution mechanisms.

The legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act, specifically if it provided for a direct or indirect safety net of minimum wages and conditions, did not unfairly discriminate against any employee, and provided for the prompt and equitable resolution of disputes. The Commission also considered if the agreement was in the best interests of the employees and if it promoted high levels of productivity and economic efficiency.

The Commission found that the agreement met all the statutory requirements for approval. It provided for a direct safety net of minimum wages and conditions, did not contain any terms that would unfairly discriminate against any employee, and contained provisions for the prompt and equitable resolution of disputes. The Commission was satisfied that the agreement was in the best interests of the employees and promoted high levels of productivity and economic efficiency.

The Fair Work Commission approved the C.C. Formwork Pty Ltd Enterprise Agreement 2020, effective from 1 January 2020. The Commission noted that the agreement provided for a reasonable balance between the interests of the employer and employees and was likely to promote a productive and harmonious workplace. The Commission also noted that the agreement contained provisions for ongoing consultation and communication between the parties, which was likely to facilitate the ongoing operation of the enterprise agreement.

C.C. Formwork Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established